ABDUL MAJEED BABA Vs. M. COMPANY

JUDGEMENT

(1.) SUIT captioned M/S M & Company Engineers & Contractors Pvt. Ltd Vs. Ghulam Qadir Baba has been instituted on 09.12.2009 seeking following relief:-

(2.) SUMMONS were issued from time to time. On 9.3.2010, trial court proceeded in ex-parte against the defendant. On 19.04.2011, an application came to be filed on behalf of petitioner Abdul Majeed Baba S/O Ghulam Qadir Baba seeking leave to intervene. In the said application it has been projected that the plaintiff has filed the suit fraudulently against Ghulam Qadir Baba who has expired much before the institution of the suit, the property of Late Ghulam Qadir Baba has devolved upon the applicant (petitioner herein), then it is projected that the suit being against a dead person is a nullity, therefore, be dismissed.

(3.) LEARNED counsel for the petitioner (son of the deceased defendant) would contend that the suit has been filed against a dead person, therefore, is nullity. Trial court has not appreciated the position of law, the order impugned runs contrary to the law as has been laid down by the Division Bench of this Court in the judgment captioned Ali Mohammad Khan vs. Vijay Tulsi (AIR 1986 J&K 26).